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session of a fort built on the river Ohio, for the protertion of his majesty's subjects, and in the most hostile inanner attacked the forces sent out by his majesty's command, to build forts on the frontiers of this dominion, And whereas the aid already granted for the encouragement and protection of the settlers upon the waters of the Missisippi, hath not been found sufficient to answer the ends for which it was designed; and this present General Assembly being desirous to prevent such violent usurpations and encroach. ments, and to testify their zeal for his majesty's service, and the interest of their country, are, notwithstanding the extreme poverty of the people, and the grirvous burtien of a poll-tax, willing that it may be enacted:
11. BE it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General A sembly, and it is hereby enacteil, by the authority of the sume, That the sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, shall be paid by every tithable person within this dominion, 'n or before the tenth day of April now next ensuing, to the sheriff of cach county; and the further sum of two shillings and six pence, or thirty ponnis of tobacco, at the option of the payer, shall also be paid to such sheriff, by every such tithable person, on or before the tenth day of October now next ensuing; and in case of neglect or refusal of pay. menit by any person or persons, at or before the time aforesaid, every such sheriff is hereby impowered and required to levy the saine, hy distress and sale of the delinquent's goo.is and chattels, which first mentineri sum of two shillings and six pence, or thirty pounds of tobacca per poll, shall be, by every such sheriil, accounted for upon oath, and paid to the trea. Set of this colony for the time being, on or before the twenty Alth day of April, now next ensuing; dedurting only fouir per centum for his salary in collerting and paying the same, by such sheriff; and the said other sum of two shillings and six pence, or thir. ty pounds of tobacco per poll, by such sheriff, shall in like manner be accomted for and paid to the said treasurer, on or before the twenty first day of October, now next ensuing, and shall be by him accounted for to the General Assembly, when thereto required.
III. And be it further enacted by the authority afore. Sheriffs to said, that the sheriff of every county, shall, at the give bond. first or second court to be held for his county, after the passing of this act, give bond and security for the due collection and payment of the money and tobacco, laid and assessed by this act; and if such sheriff shall be removed from his offire, or die before the collection is made, the succeeding sheriff shall, in like manner, give bond and security at the time he shall be sworn into his oifice.
IV. And be it further enacted by the authority afore- Directors. said, That John Robinson, esq. Charles Carter, Carter Burwell, Benjamin Waller, Richard Bland, James Power, William Digges, Dudley Digges, Jobu Page, John Chiswell, John Norton, William Harwood, gentlemen, Peyton Randolph, and George Wythe, esquires, or any seven of them, shall, from time to time, with the consent and approbation of the governor or commander in chief for the time being, direct and appoint how the said money shall be applied towards maintaining the soldiers already raised or to be raised in this colony, and for defending and protecting the frontiers thereof; and that the said directors shall, as often as there shall be occasion of money for the uses aforesaid, apply themselves to the governor or commander in chief, to issue his warrant to the treasurer for paying so much money as shall be wanting for the
purposes aforesaid, not exceeding the sum of twenty thousand pounds, who is hereby required to pay the same accordingly, and shall be allowed the sum of two and an balf per centum, for receiving and paying the saine; and the said directors shall keep an account of their proceedings, and of the several particular services for which they shall appoint the said money to be laid out, in pursuance of this act, and lay the same before the General Assembly when thereto required.
V. And be it further enacted, by the authority afore- Penalty on said, That if any such sheriff shall neglect or refuse Sheriffs. to account for, and pay the money or tobacco, according to the directions of this act, after deducting the several sums chargeable to persons having no visible estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, upon a motion to theia made by the treasurer, to give judgment against such sheriff,
and his security given in pursuance of this act, for all the money or tobacco, wherewith he shall be chargeable by virtue of this act, and thereon to award execution.
VI. Provided, That such sheriff shall have ten days previous notice of such motion.
An Act for raising levies and recruits to
serve in the present expedition against the French, on the Ohio.
I. WHEREAS his majesty has been pleased to Preamble. send instructions to his Lieutenant Governor of this
colony, to raise and levy soldiers for carrying on the present expedition against the French on the Ohio; and this present General Assembly being desirous, upon all occasions, to testify their loyalty and duty; and taking into their consideration, that there are, in every county and corporation within this colony, able bodied persons, fit to serve his majesty, who follow
no lawful calling or employment. Power of the II. BE it therefore enacted, by the Lieutenant-Go. justices and vernor, Council, and Burgesses, of this present General method of
Assembly, and it is hereby enucted, by the authority of enlisting
ine sume, That it shall and may be lawful to and for the justices of the peace of every county and corporation within this colony, or any two or more of them, within their several and respective counties and corporations, upon application made to them, by any officer or officers appointed or impowered to enlist men, to raise and levy such able bodied men, as do not follow or exercise any lawful calling or employ. ment, or have not some other lawful and sufficient support and maintenance, to serve his majesty, as soldiers in the present expedition; and to require and command all sheriffs, under-sheriffs, and constables, within their respective counties and corporations, ta be aiding and assisting them in putting this act in execution; and for that purpose to issue oat warrants
under the hands and seals of any two or more of them; thereby commanding such sheriffs, under-sheriffs, and constables, as aforesaid, every, or any of them, to niake, or cause search to be made, within their re. spective counties and corporations, for all such per. suns as they can find, who are, or shall appear
to them to be within the description of this act; and to bring before the said justices all such persons: And in ease the said justices, hereby authorized and impowered to put this act in execution, upon examination of the person or persons so brought before them, shall. judge them, or any of them, to be such as are hereby intended to be entertained in his majesty's service on this expedition, they shall immediately list him or them as soldiers; and the said justices are hereby au. thorized and required, by warrant under the hands and seals of any two or more of them, to cause the person or persons so enlisted, to be delivered to such officer or officers, who are hereby required to give a receipt för such person or persons so delivered to him; which receipt shall be returned to the said justices, and by them transmitted to the governor, or commander in chief for the time being.
Ill. Provided always, That nothing in this act Who nay contained shall extend to the taking or levying any not be inlist person to serve as a soldier, who hath any vote in the ed under
chis aci. election of a Burgess or Burgesses to serve in the General Assembly of this colony, or who is, or shall be an indented or bought servant, or any person under the age of twenty one years, or above the age of fifty years.
IV. And be it further enacted by the authority afore- Tneir pay. said, That the pay of every soldier enlisted by virtue of this act, shall commence from the time of his being taken, and delivered to such officer or officers appointed or impowered to enlist men, and such soldier shall receive the same rrwardis as any other enlisted soldier.
V. And be it fürther enacted, by the authority afore- Their supsaid, That if any person or persons enlisted by vir- port if wountue of this act, shall be so maimed or wounded, as to
ded. be rendered incapable of maintaining themselves, they shall, upon their return, be supported at the public expence.
VI. And be it further enacted, That this act, as to Continuso much thereof, as relates to the raising and levying anee.
men, shall continue and be in force, from and after the passing thereof, during the term of one year and no longer.
Jin Jct for paying the Burgesses wages in
money for this present session of Assembly.
Burgesses I. WHEREAS by one act of Assembly made in the wages paya- third and fourth years of the reign of his present mable in mo
jesty, intituled, An act for the better regulating the ney.
payment of the Burgesses wages, it is amongst other things enacted, that when any session of Assembly should be thererfter held, and upon examination of the treasurer's accounts it should appear, that there are monies sufficient, in his hands, to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, saving and reserving in the hands of the treasurer over and above the said payment a balance of one thousand five hundred pounds at the least, then every Burgess elected, and serving for a county or corporation within this dominion, should be paid out of the public money the sum of ten shillings for each day he should serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations as in the said act is at large directed. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act, and the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll.
II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgessess, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the Burgesses wages for this present session of Assembly, shall be paid by the treasurer on the twenty fifth day of October, in the year of our lord, one tholi